All Forum Posts by: Douglas Snook

As for court, I can only speak as to Massachusetts. Because of COVID there is mandatory mediation. If this case was in MA you would most likely be able to work something out. For example, the tenants want to stay and you want them to stay, you tell them where to make payment going forward, they tell how they are going to pay the bank rent. Maybe they apply to one of the charities that is flush with cash from the government. In any event, its all written down and the agreement is entered with the court. If something can't be worked out, then it would go to trial (on another day) Again that's just one way it could go, but that's Mass.

You have a Property Manager. Why did they let it get 10 months behind? The property manager should have been all over this as soon as the first rent was refused by the bank. No tenant is going to reach out over a refused rent payment. They need to be fired and replaced, relative or not. They are not doing their job.

Basically, yes, that is how you do it. Give her a thirty day notice NOW that you are ending her tenancy at the end of June. If you want to use your own lease and change the terms (like add no smoking, no pets) and request last month and a security deposit and/or go month to month to a year long lease and/or raise then rent, you can offer her a new lease under such and such terms. Usually it is best to do it by two separate letters/notices. have it all served by the sheriff or constable.

Congratulations by the way, and good luck!

It's only the 3rd of May. If he doesn't pay for May by I would say this Friday, I would serve him a 14 day notice to quit. If he pays up, great. If he doesn't pay, you can wait and see if he actually leaves at the end of June. If he leaves and has not paid you you can either eat it or sue him in small claims for the missing month.

Did you collect a security deposit? 

Do you mean something like the premiums the state paid because the person's income was below a certain level?

As far as I know there is no lien for the premiums that the state may have paid for health insurance.

So if some is house rich and cash poor and they just want to sell out (to say leave MA for FL) and they have been on MASS Health for a number of years, I don't see a lien issue.

Just my 2 cents 

OK, not sure what you have going on exactly or what you are trying to accomplish, need more info.

You have a written lease that terminates on June 1 2022? Did you give the tenant notice that you will not be renewing the lease?? Or are you going to keep the tenant and let the tenancy become month to month/tenant at will?

Also, it is NOT required to collect last months rent. However, if your agreement was that he pay last months before moving in but you let him move in without collecting it, not much you can do if you are going to keep him on. Maybe terminate the tenancy and offer a renewal but require last months rent.

What is it you want here? Do you just want him to pay the last months rent like he was supposed to do? Are you concerned he won't pay you in June and then vacate at the end of the month?

Feel free to email me if you want to discuss further. Like I said, need more info

Any auctions will have the terms spelled out. If it is in person, you usually bring a cashiers check for the deposit, say $5,000 or $10,000.00 Generally you have 30 days to close. You pay at that time so you want to have your financing ducks in a row ahead of time (whether hard money or say an equity line on your personal residence) You can always walk away after the sale. I had one client who routinely did that costing them upwards of $50,000 a year. They felt a better deal had come along or that they had bid too much and it would not be worth it in the long run. Better to get out now.

I don't know CA but if this was Massachusetts, I would go with an attorney - only an attorney can give legal advice/practice law. No sense paying an agent a commission and then have to end up with an attorney anyway.

Does CA use escrow companies? If so, I would check into them and see if this is something they usually handle.

Sent you a message. Happy to talk and help you out. 30 years experience.

Not for nothing but why is it heading to small claims court? Are you not paying rent? Are you looking to get out of the lease just because you feel uncomfortable that you don't know the full name of the landlord?

If you are paying the rent every month and are happy with the unit and the landlord is responsive to repair request, what's the issue? If you have a cashed check or other receipt for the rent, they won't be able to evict you.

As far as finding out their name, call city hall and ask to speak to the assessor department. Give your address and they should be able to tell you the name of the owner and the address that they send the tax bill to. 

Another possibility to to have a parent be a guarantor on the lease. Check their credit/situation as well. Have a client that rents to college students so they almost always have a parent sign as guarantor. usually they own a home so there is an asset there to attach.

Also you want it spelled out that each tenant is joint and several liable for the rent. If one moves out during the lease, the full amount is still due and you will go after them for any short fall. Of course you then run into the issue that the remaining party wants to either break the lease and leave as well or bring in a new roommate so they can afford the place. That's a whole other set of issues.